Probate and Wills Frequently Asked Questions

What we’re asked the most.

Griffin Solicitor’s experienced and professional Probate team will advise clients in a confidential and sensitive manner on any area of probate law. If you ave any queries please browse our F.A.Q section below or contact our office directly and we will be to advise you in whatever way we can.

Probate

How long does it take to complete Probate?

A straightforward probate can take six months to eight months to complete. It depends on the number, location and variety of assets in the estate. More complicated estates can take considerably longer to complete.

How much does Probate cost ?

The cost of Probate depends on the number, location, variety and value of the assets in the estate. Griffin’s Solicitors provide a ‘no obligation initial consultation’ free of charge in which we go through what exactly is involved in obtaining Probate and the cost of same. We do not take on any work without agreeing the fees in writing in advance.

Why does Probate take so long ?

Obtaining a Grant of Probate involves five logical steps.

  1. Obtaining details of the value of the assets and debts in the estate as of the date of death and details of the beneficiaries
  2. Filling out the CA 24, preparing an Oath for Executor and lodging same in the Probate Office
  3. Obtaining the Grant of Probate
  4. Gathering in the assets
  5. Preparation of Estate Accounts and distributing the assets of the estate.

A delay at any one step stops the whole process. At Griffin Solicitors we break down the Probate process into smaller parts, set time limits for each part and work from appointment to appointment in order to ensure that Probate is completed as soon as possible

Wills

Why should I make a will ?

By making a will you decide who should look after your children (testamentary guardians) who will carry out your instructions (executor) and who will inherit your money and in the case of your children at what age they will obtain their inheritance (18 or 21 years).

What happens if I do not make a will?

If you do not make a will then your money and property will be distributed accordingly to general law, the law of intestacy. There will not be a person specifically appointed to look after your children (testamentary guardian) and the general law may or may not suit your wishes e.g. if you die married with children and without a will then two thirds of your money and property will go to your spouse and the remaining third among your children when they reach eighteen years.

EPA

Why make an Enduring Power of Attorney (EPA)?

A will covers what happens to your money and property when you die. An EPA deals with the situation where you are alive but permanently mentally incapable. It is sometimes called a ‘living will’. It allows you to appoint a person whom you trust (an Attorney) to look after your affairs.

What is involved in making an EPA?

The person making the EPA (the Donor) appoints one or more to act on his or her behalf if they become permanently mentally incapable. The Donor picks out two blood relatives to place on notice of the creation of the EPA and most importantly obtains a medical certificate to confirm that he or she is of sound mind.

When does the EPA come into force?

The EPA does not come into force until registered with the High Court. A certificate from a doctor is needed to confirm that you the Donor are becoming or are already permanently mentally incapable. The Donor and the two notice parties are placed on notice of the registration to allow time to object. A very detailed sworn statement (affidavit) is prepared and lodged with the Wards of Court office in the High Court. They issue a certificate of registration confirming that the EPA is now in force.

How long does it take to register an EPA?

The person who made the EPA (the Donor) must be given by law 5 weeks notice before the paperwork can be lodged in the Wards of Court Office. The registration process takes at least 3 months to complete.

When should the attorney apply to register the EPA?

The Attorney is required, if he or she has reason to believe that the Donor is or is becoming mentally incapable, to apply as soon as practicable, to the court for registration of the instrument creating the power.

How much does it cost to register an EPA?

Griffin Solicitors charge €1,500 and VAT to register an EPA. The Doctor will charge separately for a medical report confirming that the donor is incapable or becoming incapable of managing his affairs.

Words of Court

What is a Ward of Court?

A Ward of Court is a person who is mentally incapable of looking after their affairs or is under the age of 18 years (a minor).

How does a person become a Ward of Court?

Application is made to the Wards of Court office by Petition setting out the circumstances why the person should be made a Ward of Court. Normally this is because the person is unable to handle their own financial affairs by reason of mental incapacity.

Still can’t find your answer?

If you have some unanswered questions please feel free to contact us and we will be happy to help you with your query.

This post/page is also available in: Lithuanian

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